Summary
A 26-year-old defense contractor and former U.S. Coast Guard member was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The applicant's history included an administrative discharge from the Coast Guard for unsatisfactory performance, marked by numerous rule violations and a consistent unwillingness to comply with regulations despite warnings and probation. His commanding officer reported a pattern of dishonesty, poor judgment, and a lack of accountability, with the applicant often shirking responsibility and submitting false statements.
Further concerns arose from a criminal conviction on or about October 10, 2004, for hit and run driving, trespass, and failure to report an accident. The applicant was found guilty of trespass and failure to report an accident, resulting in a fine, 80 hours of community service, and a three-year supervised probation scheduled to end on January 3, 2008.
The judge determined that the applicant's conduct demonstrated poor judgment and a lack of accountability, citing his 15 citations for military rule violations, administrative discharge, and recent criminal conviction while still on probation. Consequently, the security clearance application was denied.
Why the Applicant Was Denied
- The applicant had a history of unsatisfactory performance in the Coast Guard, including 15 citations for failure to conform to military rules.
- He was administratively discharged due to his poor performance and continued to exhibit questionable judgment after leaving the military.
- The applicant was recently convicted of hit and run and was still on probation at the time of the decision.
Conditions Referenced
- AG ¶ 31(a)raisedCriminal Conduct
- AG ¶ 31(c)raisedCriminal Conduct
- AG ¶ 16(c)raisedPersonal Conduct
- AG ¶ 16(d)raisedPersonal Conduct
- AG ¶ 16(e)raisedPersonal Conduct
- AG ¶ 32(a)rejectedCriminal ConductThe applicant's criminal conduct shows a pattern of unlawful behavior continuing until very recently.
- AG ¶ 17(c)rejectedPersonal ConductThe applicant's offenses were not minor and occurred recently.
- AG ¶ 17(d)rejectedPersonal ConductThe applicant did not provide evidence of rehabilitation or positive behavioral changes.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedOct 24, 2007
- Answer filedNov 9, 2007
- Hearing heldN/AApplicant elected to have the case decided on the record.
- Decision dateMar 28, 2008
Cite For
- Denial Based on a Pattern of Criminal Conduct Under Guideline J
- Lack of Candor and Accountability Under Guideline E
- Consideration of the Whole Person Concept in Security Clearance Decisions